2.__Directions of person conferred power to direct trustee.__ If the terms of a trust confer upon a person other than the settlor of a revocable trust power to direct certain actions of the trustee, the trustee shall act in accordance with an exercise of the power unless the attempted exercise is manifestly contrary to the terms of the trust or the trustee knows the attempted exercise would constitute a serious breach of a fiduciary duty that the person holding the power owes to the beneficiaries of the trust.

3.__Modification or termination.__The terms of a trust may confer upon a trustee or other person a power to direct the modification or termination of the trust.

4.__Power to direct; fiduciary duty.__A person, other than a beneficiary, who holds a power to direct is presumptively a fiduciary who, as such, is required to act in good faith with regard to the purposes of the trust and the interests of the beneficiaries. The holder of a power to direct is liable for any loss that results from breach of a fiduciary duty.

§809.__Control and protection of trust property

A trustee shall take reasonable steps to take control of and protect the trust property.

§810.__Record keeping and identification of trust property

1.__Adequate records of administration.__A trustee shall keep adequate records of the administration of the trust.

2.__Separation of property.__A trustee shall keep trust property separate from the trustee's own property.

3.__Interest of trust, records.__Except as otherwise provided in subsection 4, a trustee not subject to federal or state banking regulation shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary to whom the trustee has delivered the property.

4.__Two or more trusts.__If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of 2 or more separate trusts.